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· 12/29/2010

LaBella Winnetka, Inc. v. Village of Winnetka

Citations

  • 628 F.3d 937
  • 2010 U.S. App. LEXIS 26320
  • 2010 WL 5367749

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the plaintiffs class-of-one claim failed because the pleadings demonstrated that neither of two identified properties was similar to the plaintiffs property
  • concluding that restaurant did not state class‐of‐one equal protection claim because it failed to adequately allege the existence of a similarly situated restaurant
  • holding that “regardless of the size of the disadvantaged class” equal protection requires that “under like circumstances and conditions, people must be treated alike, unless there is a rational reason for treating them differently”
  • stating that substantive due process claims “involving only the deprivation of a property interest are cognizable where the plaintiff shows ‘either the inadequacy of state law remedies or an independent constitutional violation’” (citation omitted)
  • affirming dismissal of substantive due process claim when plaintiff failed to state class-of-one claim and did not plead the inadequacy of state-law remedies
  • dismissing equal protection claim where plaintiff conceded there was a “key difference” between plaintiff and the alleged comparator

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Sykes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.